Parent Rights & Responsibilities Annual Notice for 2021 - 2022 School Year
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Parent Rights & Responsibilities
Annual Notice for 2021 – 2022 School Year
School districts in California are required to annually notify students, parents, and guardians of their rights and
responsibilities. This is the annual notice to parents/guardians of students enrolled in the Briggs Elementary School
District (hereinafter referred to as BESD). This notice, which is required by Educational Code 48980, provides
important information about federal and state, as well as adopted policies and procedures relating to rights and
responsibilities of BESD students and their parents/guardians.
Please review this information carefully as it applies directly to you and your child’s participation in our educational
programs and activities. If you have any questions, or if you would like to review specific documents mentioned
in the notice, please contact your school administrator, who will be able to give you more detailed information and
assist you in obtaining copies of any materials you wish to review.
Please complete the “Acknowledgment of Receipt and Review” form that is located in the Annual Forms Requiring
Parent/Guardian Signature booklet and return it to your child’s school.
Best wishes for a productive and successful 2021-2022 school year.
Deborah E. Cuevas,
Superintendent
Briggs Elementary School District
1Briggs Elementary School District Board of Trustees
Charles Alvarez, Karen Schilbrack, Mindee Stekkinger, Colleen Garmon-Smith, Victoria Jump
KEY TO ACRONYMS
CCR California Code of Regulations
CDE California Department of Education
CFR Code of Federal Regulations
EC California Education Code
GC California Government Code
HSC California Health and Safety Code
LC California Labor Code
PC California Penal Code
USC United States Code
VC California Vehicle Code
VCOE Ventura County Office of Education
WIC California Welfare and Institutions Code
The Briggs Elementary School District prohibits discrimination, intimidation, harassment (including sexual
harassment) and bullying against students, employees, and job applicants based on actual or perceived age, ancestry,
ethnicity, parental status, pregnancy status, color, mental or physical disability, gender, gender identity, gender
expression, genetic information, immigration or citizenship status, marital status, medical condition, nationality, race,
religion, political affiliation, military or veteran status, sex, sexual orientation, or association with a person or group
with one or more of these actual or perceived characteristics.
2Rights and Responsibilities in Public Education
Acceptable Use of Technology
One of the adopted goals of the Briggs Elementary School District (BESD) is to assist in advancing the use of
technology to enhance student learning. Access to Briggs Elementary School District technology is a privilege, not a
right, and students enrolled in District programs or activities must follow District guidelines and procedures regarding
acceptable use of technology. All Briggs Elementary School District students and their parents/guardians shall sign
the Acceptable Use of Technology Agreement prior to using District technological resources. The Briggs Elementary
School District shall make a diligent effort to filter the inappropriate or harmful matter accessible through the Internet,
and students shall take responsibility not to initiate access to inappropriate or harmful matter while using District
technology. Violation of this policy may result in disciplinary action and the loss of the privilege to use the technology
and/or civil or criminal liability.
Asbestos Management Plan – 40 CFR 763.93
Briggs Elementary School District maintains and annually updates its management plan for asbestos- containing
material in school buildings. For a copy of the asbestos management plan, please contact the District Office.
Availability of Prospectus – EC 49063 and 49091.14
Each school must annually compile a prospectus of the curriculum to include titles, descriptions and instructional
goals for every course offered by the school. Please contact the District Office for a copy of the prospectus.
Avoiding Absences, Written Excuses
The Briggs Elementary School District urges parents to make sure their children attend school regularly and to
schedule medical and other appointments after school or when school is not in session. The district also asks that
travel, vacation or other absences be planned around holidays and breaks. Students and parents must make school
attendance a priority and should refer to the school calendar to help minimize absences.
Following an absence, a student is required to bring a written note from the parent/guardian when returning to school,
indicating the date(s) and reason(s) for the absence. Absences without a written note from the parent/guardian are
recorded as unexcused.
Truancy Definitions – EC 48260-48273
A student is considered truant after three absences or three tardies of more than 30 minutes each time or any
combination thereof and the absences or tardies are unexcused. After a student has been reported as a truant three or
more times in a school year and the school has made a conscientious effort to meet with the family, the student is
considered a habitual truant. A student who is absent from school without a valid excuse for 10% or more of the
school days in one school year, from the date of enrollment to the current date, is considered a chronic truant.
Unexcused absences are all absences that do not fall within EC 48205, 46010.1 and 46015, as described in this
section.
Arrest of Truants/School Attendance Review Board – EC 48263 and 48264
The school attendance supervisor, administrator or designee, a peace officer, or probation officer may arrest or assume
temporary custody during school hours, of any minor who is found away from his/her home and who is absent from
school without valid excuse within the county, city or school district. A student who is a habitual truant may be
referred to a School Attendance and Review Board (SARB).
Chronic Absenteeism – EC 60901
A student is considered a chronic absentee when the student is absent on 10% or more of the school days in one school
year, from the date of enrollment to the current date. Chronic absenteeism includes all absences – excused and
unexcused – and is an important measure because excessive absences negatively impact academic achievement and
student engagement.
Before and After School Programs – EC 8482.6, 8483, 8483.1
The After School Education and Safety Program serves students in TK – 8th grade at participating schools of Briggs
School District on a via registration process. For more information go to the District website at www.briggsesd.org.
Programs that charge family fees shall not charge for a child who is homeless or in foster.
Brown Act: Required Notices and Agendas for Open Public Meetings – GC 54950 et seq.
The following applies to specified meetings of the BESD:
Regular Meetings: Agenda in 20 words or less, posted within 72 hours of meeting.
Special Meetings: Twenty-four-hour notice must be provided to members of legislative body and media outlets
including brief general description of matters to be considered or discussed.
3Emergency Meetings: One-hour notice in case of work stoppage or crippling activity, except in the case of a dire
emergency.
Closed Session Agendas: All items to be considered in closed session must be described in the notice or agenda for
the meeting. The body must orally announce the subject matter of the closed session. If final action is taken in a
closed session, the body generally must report the action at the conclusion of the closed session.
Agenda Exception: Special procedures permit a body to proceed without an agenda in the case of emergency
circumstances, or where a need for immediate action came to the attention of the body after posting the agenda.
California Healthy Youth Act – EC 51930-51939
The California Healthy Youth Act requires school districts to provide pupils with integrated, comprehensive,
accurate, and unbiased sexual health and HIV prevention education at least once in middle school and once in high
school. It is intended to ensure that pupils in grades 7-12 are provided with the knowledge and skills necessary to
protect them from risks presented by sexually transmitted infections, and unintended pregnancy, sexual harassment,
sexual assault, sexual abuse, and human trafficking and to have healthy, positive, and safe relationships and
behaviors. It also promotes students’ understanding of sexuality as a normal part of human development and their
development of healthy attitudes and behaviors concerning adolescent growth and development, body image, gender,
gender identity, gender expression, sexual orientation, relationships, marriage and family.
The Briggs Elementary School District will provide instruction in comprehensive sexual health education, HIV
prevention education, and may conduct assessments on student health behaviors and risks in the coming school year
and may also provide comprehensive sexual health education or HIV prevention education consisting of age-
appropriate and medically accurate information earlier than grade 7.
Parents/guardians have the right to:
1. Inspect the written and audiovisual educational materials used in the comprehensive sexual health and HIV
prevention education.
2. Request in writing that their child not receive comprehensive sexual health or HIV prevention education, or
participate in research on student health behaviors and risks.
3. Request a copy of Education Code 51930 through 51939, the California Healthy Youth Act.
4. Be informed whether the comprehensive sexual health or HIV prevention education will be taught by district
personnel or outside consultants.
5. Receive notice by mail or another commonly used method of notification no fewer than 14 days before the
instruction is delivered if arrangements for the instruction are made after the beginning of the year.
6. When the district chooses to use outside consultants or to hold an assembly with guest speakers to teach
comprehensive sexual health or HIV prevention education, be informed of:
a. The date of instruction
b. The name of the organization or affiliation of each guest speaker.
c. The right to receive a copy of EC 51933, 51934, and 51938
The District may administer to pupils in grades 7 through 12 anonymous, voluntary, and confidential research and
evaluation instruments, including tests and surveys, containing age appropriate questions about their attitudes or
practices relating to sex and the use of drugs, alcohol and tobacco. Prior to administering such a research and
evaluation instrument, parents/guardians shall be provided written notice of the administration and shall be given an
opportunity to review the research instrument and to request in writing that their child not participate. A student may
not be subject to disciplinary action, academic penalty, or other sanction if the student’s parent/guardian declines to
permit the student to receive comprehensive sexual health education or HIV prevention education or to participate in
anonymous, voluntary, and confidential tests, questionnaires, or surveys on student health behaviors and risks.
Career Counseling and Course Selection – EC 221.5(d)
Commencing in grade 7, school personnel shall assist pupils with course selection or career counseling, exploring
the possibility of careers, or courses leading to careers based on the interest and ability of the student and not on the
student’s gender. Parents/guardians are notified so that they may participate in such counseling sessions and
decisions.
Child Abuse and Neglect Reporting – PC 11164 et seq.
Briggs Elementary School District staff members are considered mandated reporters, required by law to report cases
of child abuse and neglect whenever staff has a reasonable suspicion. Reasonable suspicion means that it is objectively
reasonable for a person to entertain a suspicion, based upon facts that could cause a reasonable person in a like position,
drawing when appropriate on their training and experience, to suspect child abuse or neglect. However, reasonable
suspicion does not require certainty that child abuse or neglect has occurred, nor does it require a specific medical
indication of child abuse or neglect. Staff may not investigate to confirm the suspicion.
Child abuse or neglect includes the following:
1. A physical injury or death inflicted by other than accidental means on a child by another person.
2. Sexual abuse of a child, including sexual assault or sexual exploitation (as defined in PC 11165.1)
43. Neglect of a child (as defined in PC 11165.2)
4. Willful harming or injuring of a child or the endangerment of the person or health of a child (as defined in PC
11165.3)
5. Unlawful corporal punishment or injury (as defined in PC 11165.4)
Child abuse does not include:
1. A mutual fight between minors.
2. An injury caused by reasonable and necessary force used by a peace office acting within the course and scope of
their employment
3. An injury caused by any force that is reasonable and necessary for a person employed by or engaged in a school:
a. To stop a disturbance threatening physical injury to people or damage to property
b. For purposes of self-defense
c. To obtain possession of weapons or other dangerous objects within control of a student
d. To exercise the degree of control reasonably necessary to maintain order, protect property, protect the health
and safety of students, and maintain proper and appropriate conditions conducive to learning.
4. Physical pain or discomfort caused by athletic competition or other such recreational activity voluntarily engaged
in by a student.
5. Homelessness or classification as an unaccompanied minor.
All complaints must be filed through a formal report, over the telephone, in person, or in writing, with an appropriate
local law enforcement agency (i.e. Police or Sheriff’s Department, County Probation Department, or County Welfare
Department/County Child Protective Services). Both the name of the person filing the complaint and the report itself
are confidential and cannot be disclosed except to authorized agencies.
Parents and guardians of students also have a right to file a complaint against a school employee or other person that
they suspect has engaged in abuse of a child at a school site. Complaints may be filed with the local law enforcement
agency; you may also notify the District of an incident by contacting the Superintendent at (805) 525-7540.
Child Find System – EC 56301; 20USCI401(3); 1412(a)(3); 34 CFR 300.111(c)(d)
The Ventura County Office of Education Special Education Local Plan Area (SELPA) established written policy and
procedures for continuous child find system including children with disabilities who are migrant, homeless or wards
of the state and children with disabilities attending private schools. Policy and procedures include written
notification to all parents of their rights regarding identification, referral, assessment, instructional planning,
implementation, review, and procedures for initiating referral for assessment. For more information go to their website
at www.venturacountyselpa.com.
Civility on School Grounds – EC 32210
Any person who willfully disturbs any public school or any public school meeting is guilty of a misdemeanor, and
shall be punished by a fine of not more than five hundred dollars ($500).
It is unlawful for any person, except a parent/guardian acting toward their minor child, to intentionally or to attempt to
injure, intimidate, interfere by force, threat of force, physical obstruction, or nonviolent physical obstruction with any
person attempting to enter or exit any public or private school grounds.
Concussion and Head Injuries – EC 49475
A concussion is a brain injury that can be caused by a bump, blow, or jolt to the head, or by a blow to another part of
the body with the force transmitted to the head. Even though most concussions are mild, all concussions are potentially
serious and may result in complications including prolonged brain damage and death if not recognized and managed
properly. A school district, charter school, or private school that elects to offer a n athletic program must immediately
remove from a school-sponsored athletic activity for the remainder of the day an athlete who is suspected of sustaining
a concussion or head injury during that activity. The athlete may not return to that activity until he or she is evaluated
by, and receives written clearance from, a licensed health care provider. If the licensed health care provider determines
the athlete has a concussion or head injury, the athlete shall also complete a graduated return-to-play protocol of no less
than 7 days in duration under the supervision of a licensed health care provider. On a yearly basis, a concussion and
head injury information sheet must be signed and returned by the athlete and the athlete’s parent or guardian before the
athlete initiates practice or competition. This requirement does not apply to an athlete engaging in an athletic activity
during the regular school day or as part of a physical education course.
Confidential Medical Services – EC 46010.1
School authorities may excuse any student in grades 7-12 from the school for the purpose of obtaining confidential
medical services without the consent of the pupil's parent or guardian.
Controlled Substances: Opioids – EC 49476
School authorities must provide facts regarding the risks and side effects of opioid use each school year to athletes.
Parents and student athletes must sign acknowledgement of receipt of the document annually.
5Court Order Required to Release Juvenile Information - WIC 831
Juvenile court records should be confidential regardless of the juvenile’s immigration status. Only if a court order is
provided, will any student information be disseminated, attached or provided to federal officials. The court order must
indicate prior approval of the presiding judge of the juvenile court. Otherwise, juvenile information is protected from
distribution and remains private without a court order.
Custody Issues
Custody disputes must be handled by the courts. The school has no legal jurisdiction to refuse a biological parent
access to their child and/or school records. The only exception is when signed restraining orders or proper divorce
papers, specifically stating visitation limitations, are on file in the school office. Any student release situation which
leaves the student’s welfare in question will be handled at the discretion of the site administrator or designee. Should
any such situation become a disruption to the school, law enforcement will be contacted and an officer requested to
intervene. Parents are asked to make every attempt not to involve school sites in custody matters. The school will
make every attempt to reach the custodial parent when a parent or any other person not listed on the emergency card
attempts to pick up a child.
Dangerous Objects
Laser Pointer - PC 417.27
It is a crime for any student to possess a laser pointer on any elementary or secondary school premise, unless the
possession is for a valid instructional or other school-related purpose.
Imitation Firearm - PC 12550 and 12556
A BB device can be considered an imitation firearm. The Penal Code makes it a criminal offense to openly display or
expose any imitation firearm in a public place, including a public school.
Directory Information – EC 49073
“Directory Information” means information contained in a student record that would not generally be considered
harmful or an invasion of privacy if disclosed. Such student information includes one or more of the following items:
student’s name, photograph, address, telephone number, e-mail address, date of birth, major field of study,
participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of
attendance, date of graduation, degrees and awards received, the most recent public or private school attended by the
student, and post-high school career or school plans. Directory information may include a student identification
number, user identification, or other personal identifier used by the student for purposes of accessing or
communicating in electronic systems as long as the identifier cannot be used to gain access to education records
except when used in conjunction with a personal identification number, password, or other factor known or possessed
only by the authorized user.
Directory information does not include a student’s social security number. Directory information also does not
include the student’s citizenship status, immigration status, place of birth, or any other information indicating national
origin. The district will not release such information without parental consent or a court order.
The district has determined that the following individuals, officials, or organizations may receive directory
information: any school or BESD parent organization; technical or professional schools or colleges and universities;
military service recruiters; elected officials; Department of Public Health; and companies that publish yearbooks.
Within the district, directory information, which include students in videos, may be shared through district-sponsored
publications and media releases, websites, and social media.
No information may be released to a private profit-making entity other than employers, prospective employers and
representatives of the news media, including, but not limited to, newspapers, magazines, and radio and television
stations. Directory information may be disclosed without prior consent from the parent/guardian unless the
parent/guardian indicates at the time of the initial enrollment and/or re-enrollment process to deny access to their
student’s directory information. Directory information regarding a student identified as a homeless child or youth
shall not be released unless a parent, or eligible student, has provided written consent that directory information may
be released.
Disaster Preparedness Educational Materials – EC 32282.5
Each school has a disaster preparedness plan and conducts regular fire, earthquake and disaster drills. For a copy of
your school’s plan, contact your site administrator.
The California Department of Education (CDE) is now required to electronically distribute disaster preparedness
educational materials to school districts and county offices of education in, at least, the three most dominant primary
languages spoken by English learners in California. Documents are posted on the CDE website at:
https://www.cde.ca.gov/ls/ep/schoolemergencyres.asp
6Dress Code/Uniforms – EC 35183
Refer to the school dress code guidelines in the Parent –Student Handbook.
Educational Equity– EC 234.7
All students, regardless of their immigration status or religious beliefs, have the right to a free public education. As
such, the Briggs Elementary School District: (1) prohibits discrimination, harassment, intimidation, and bullying based
on actual or perceived immigration status; (2) receives and investigates related complaints based on immigration status
in accordance with its Uniform Complaint Procedures; (3) prohibits the collection of information or documents
regarding the citizenship or immigration status of students or their family members unless required to administer a state
or federal program; (4) requires reporting to the County Board any requests to gain information or access to a school
site by an officer or employee of a law enforcement agency for immigration enforcement purposes; and (5) will first
exhaust parents’ instruction concerning a student’s care in the emergency contact information in the parents’ absence
and to avoid contacting Child Protective Services unless the BESD is unable to arrange for care based on parental
instruction. The following “know your rights” information regarding immigration-enforcement actions is provided by
the California Attorney General.
Electronic Listening or Recording Device – EC 51512
The use by any person, including a student, of any electronic-listening or recording device in any classroom without
the prior consent of the teacher and the site administrator is prohibited as it disrupts and impairs the teaching process
and discipline in the schools. Any person, other than the student, willfully in violation shall be guilty of a
misdemeanor. Any student in violation shall be subject to appropriate disciplinary action.
Electronic Nicotine Delivery Systems (e-cigarettes) – PC 308
Briggs Elementary School District prohibits the use of electronic nicotine delivery systems (ENDS) such as e-
cigarettes, hookah pens, cigarillos, and other vapor-emitting devices, with or without nicotine content,
that mimic the use of tobacco products on all District property and in District vehicles at all times. ENDS
are often made to look like cigarettes, cigars and pipes, but can also be made to look like everyday items
such as pens, asthma inhalers and beverage containers. These devices are not limited to vaporizing
nicotine; they can be used to vaporize other drugs such as marijuana, cocaine, and heroin.
Section 119405 of the Health and Safety Code prohibits the sales of e-cigarettes to minors which means that students
should not be in possession of any such devices. Students using, in possession of, or offering, arranging or negotiating
to sell ENDS can be subject to disciplinary action, particularly because ENDS are considered drug paraphernalia, as
defined by 11014.5 of the Health and Safety Code.
Electronic Signaling Device – EC 48901.5 and 48901.7
By policy or practice BESD may regulate the right of students to possess or use electronic signaling devices,
including cell phones, smartphones, and personal technology devices by students during the school day, in school
vehicles and buses, at school-sponsored activities, or while students are under the supervision or control of BESD
employees . No student may be prohibited from possessing or using a smartphone or other electronic signaling device
under the following circumstances:
● In case of an emergency, or in response to a perceived threat of danger.
● When a teacher or administrator grants permission to the student, subject to any reasonable limitation imposed by
that teacher or administrator.
● When a licensed physician and surgeon determines it is necessary for the student’s health or well-being.
● When it is required in a student’s IEP or Section 504 plan.
BESD assumes no liability for personal technology, including computers, cell phones, smartphones, network access
devices, or other electronic signaling devices, if such devices are damaged, lost or stolen.
Emergency Treatment for Anaphylaxis – EC 49414
Anaphylaxis is a severe and potentially life-threatening allergic reaction that can occur after encountering an allergic
trigger, such as food, medicine, an insect bite, latex or exercise. Symptoms include narrowing of the airways, rashes
or hives, nausea or vomiting, a weak pulse and dizziness. It is estimated that approximately 25% of the anaphylactic
reactions occur during school hours to students who had not previously been diagnosed with a food or other allergy.
Without immediate administration of epinephrine followed by calling emergency medical services, death can occur.
Being able to recognize and treat it quickly can save lives. BESD provides epinephrine auto-injectors to school nurses
and trained personnel and authorizes them to use epinephrine auto-injectors for any student who may be experiencing
anaphylaxis, regardless of known history.
English Learners Identification Notice – EC 313, 313.2 and 440
The English Language Proficiency Assessment for California (ELPAC) is administered to students whose primary
language is not English as determined by the Home Language Survey conducted as part of the enrollment process. The
purpose of the assessment is to determine a student’s specific level of English language proficiency and identify the
necessary services to enhance the student’s skills in the areas of listening, speaking, reading, and writing in English.
7Parents/Guardians will be notified within 30 days after the start of the school year of their student’s English language
proficiency. The notice will include the following information”
1. The reason for the student’s classification as limited English proficient.
2. The level of English proficiency.
3. A description of the program for the English language development instruction.
4. Information regarding a parent’s option to decline to allow the student to become enrolled in the program or to
choose to allow the student to become enrolled in an alternative program.
5. Information designed to assist a parent in selecting among available programs, if more than one program is offered.
Employee Interactions with Students EC 44050
It is the desire of BESD to provide the highest quality services available to our students. Our commitment as an
organization is to create an environment for students that is safe, nurturing, empowering, and which promotes growth
and success for the students who learn in our schools.
1. Students and staff will be treated with respect at all times.
2. Students and staff will be treated fairly regardless of race, sex, age, or religion.
3. Staff will not swear or tell off-color jokes.
4. Staff will not discuss with their students sexual encounters or in any way involve students in their personal problems
or issues.
5. Staff will not use or be under the influence of alcohol or illegal drugs in the presence of students.
6. Staff will not have sexually oriented materials, including printed or internet pornography, in the presence of students
and/or staff.
7. Staff will not have secrets with students.
8. Staff will dress conservatively and avoid wearing provocative and revealing attire including midriff pants or tops,
tank tops, halter tops, short shorts, or short skirts.
9. Staff will not stare or comment on a student’s body.
10. Staff will adhere to uniform standards of affection.
11. Staff will avoid affection that cannot be observed by other professional adults.
12. Staff shall not abuse students in anyway including the following:
● Physical abuse: hitting, spanking, shaking, slapping, unnecessary restraints
● Verbal abuse: degrading, threatening, cursing
● Sexual abuse: inappropriate touch, exposing oneself, sexually oriented conversations
● Mental abuse: shaming, humiliation, cruelty
● Neglect: withholding food, water, shelter
Any type of abuse will not be tolerated and may result in immediate dismissal BESD. BESD will fully cooperate with
authorities if allegations of abuse are made and investigated.
13. Staff will report concerns or complaints about BESD staff or students to the District Superintendent who can be
reached at (805) 525-7540.
14. Staff members who work at BESD schools may not have engaged in or been accused or convicted of child abuse,
indecency with a child, or injury to a child.
Entrance Health Screening – HSC 124085, 124100, and 124105
State law requires that the parent/guardian of each student provide the school documentary proof that the student has
received a health screening examination within the 18 months by a doctor within 90 days after entrance to
first grade. The parent/guardian may submit a waiver on a form developed by the California Department of Health
Care Services indicating that they do not want or are unable to obtain a health screening. If the waiver indicates
that the parent/guardian is unable to obtain the services, the reasons should be included in the waiver. Students may
be excluded, beginning the 91 st day after the student’s entrance in the first grade, up to 5 days from school for failing
to comply or not providing a waiver. Free health screening is available through the local health department.
Excuse from Health Instruction which Conflicts with Religious or Moral Beliefs – EC 51240
During the school year, the instructional program in some classes at some grade levels may include instruction about
health. If such instruction will conflict with the religious training, beliefs, or personal and moral convictions of a
student’s family, please advise the site administrator in writing so the student may be excused from this phase of the
instructional program.
Excused Absences – EC 46014 and 48205
Each person between the ages of 6 and 18 is subject to compulsory full-time education, unless exempted by law. In o
order for an absence to be excused, the reason for such absence must meet the criteria specified under EC 48205 (see
full text below). It is the responsibility of the parent/guardian to notify the school office of any absences or tardies in
written or verbal form within the timeframe prescribed by the school. Written notes should include the student’s
name, date(s) of absence, reason for absence, and parent’s/guardian’s signature and daytime contact number. A
doctor’s note may be requested by the site administrator or designee when a student has had more than 14 absences in
the school year due to illness. Absences not cleared will remain unverified.
8EC 48205. (a) Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
(1) Due to his or her illness.
(2) Due to quarantine under the direction of a county or city health officer.
(3) For the purpose of having medical, dental, optometrical, or chiropractic services rendered.
(4) For the purpose of attending the funeral services of a member of his or her immediate family, so long
as the absence is not more than one day if the service is conducted in California and not more than
three days if the service is conducted outside California.
(5) For the purpose of jury duty in the manner provided for by law.
(6) Due to the illness or medical appointment during school hours of a child of whom the pupil is the
custodial parent, including absences to care for a sick child for which the school shall not require a
note from a doctor.
(7) For justifiable personal reasons, including, but not limited to, an appearance in court, attendance at a
funeral service, observance of a holiday or ceremony of the pupil’s religion, attendance at religious
retreats, attendance at an employment conference, or attendance at an educational conference on the
legislative or judicial process offered by a nonprofit organization when the pupil's absence is
requested in writing by the parent or guardian and approved by the principal or a designated
representative pursuant to uniform standards established by the governing board.
(8) For the purpose of serving as a member of a precinct board for an election pursuant to Section 12302
of the Elections Code.
(9) For the purpose of spending time with a member of the pupil's immediate family, who is an active
duty member of the uniformed services, as defined in EC 49701, and has been called to duty for, is
on leave from, or has immediately returned from, deployment to a combat zone or combat support
position. Absences granted pursuant to this paragraph shall be granted for a period of time to be
determined at the discretion of the superintendent of the school district.
(10) For the purpose of attending the pupil’s naturalization ceremony to become a United States Citizen.
(11) Authorized at the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(b) A pupil absent from school under this section shall be allowed to complete all assignments
and tests missed during the absence that can be reasonably provided and, upon satisfactory
completion within a reasonable period of time, shall be given full credit therefore. The
teacher of the class from which a pupil is absent shall determine which tests and
assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and
assignments that the pupil missed during the absence.
(c) For purposes of this section, attendance at religious retreats shall not exceed four hours per
semester.
(d) Absences pursuant to this section are deemed to be absences in computing average daily
attendance and shall not generate state apportionment payments.
(e) "Immediate family," as used in this section, means the parent or guardian, brother or sister,
grandparent, or any other relative living in the household of the pupil.
Additionally, a student, with written parent consent, may be excused from school to participate in religious exercises
or to receive moral and religious instruction at their place of worship or other suitable place away from school
property designated by the religious group, church, or denomination. The student must attend school at least the
minimum school day and cannot be excused from school for such purpose on more than four days per school month.
It is important for parents and students to understand that writing a note verifying an absence or a tardy does not
excuse an absence. Absences are excused only if they meet the criteria listed under EC 48205. Absences that are not
excused are marked unexcused in the student’s records.
Foster Youth Educational Placement and Liaison – EC 48204, 48853, 48853.5, 51215.1, and
51225.2
Educational Placement
All students in foster care are entitled to a meaningful opportunity to meet the challenging state academic achievement
standards to which all students are held. They shall be placed in the least restrictive educational programs and have
access to the same academic resources, services, and extracurricular and enrichment activities that are available to all
students. As required by law, Deborah Cuevas at dcuevas@briggsesd.org has been designated as the foster care
educational liaisons for BESD. The liaison serves as an advocate for all foster youth that reside within Ventura County
and ensure that every foster youth has a proper school placement, transfer of records, and immediate enrollment in
school. School enrollment is not contingent upon receipt of a student’s academic or medical records. Because school
stability is extremely important to a child living in foster care, a foster child is allowed to remain in the youth’s school
of origin and or school system for as long as the youth is in foster care, or until the end of the school year if the youth
leaves foster care mid-year. The youth’s right to remain at the school of origin includes transportation if required.
School of origin means the school that the foster youth attended when permanently housed, the last school of
enrollment, or any school the foster youth attended within the last 15 months. If any dispute arises as to the school
placement of a foster child, the student has the right to remain in the school of origin pending the resolution of the
dispute. BESD liaison can assist parents or students in the dispute resolution process. Contact Briggs School District
Superintendent at (805) 525-7540 for support related to Foster Youth Educational Placement.
9Notification of Rights
The State Department of Education in consultation with the California Foster Youth Education Task Force, has
developed a standardized notice of the educational rights of foster children. The notice, along with other resources, is
posted on the district website at www.briggsesd.org
Free and Reduced-price Meals – EC 49510 et seq.
Free or reduced-price lunches are available at school for students whose parents/guardians qualify, based on annual
household income, and complete the required application form. Students participating in the program will not be
identified, and the information on the application will be kept confidential. Applications may be submitted at any time
during school hours. Application forms may be obtained through the school office.
Grounds for Suspension and Expulsion – EC 48900
A pupil shall not be suspended from school or recommended for expulsion, unless the superintendent of the school
district or the principal of the school in which the pupil is enrolled determines that the pupil has committed an act as
defined pursuant to any of the subdivisions (a) to (r), inclusive:
(a) (1) Caused, attempted to cause, or threatened to cause physical injury to another person;
(2) Willfully used force or violence upon the person of another, except in self-defense.
(b) Possessed, sold, or otherwise furnished a firearm, knife, explosive, or other dangerous object, unless, in the
case of possession of an object of this type, the pupil had obtained written permission to possess the item from
a certificated school employee, which is concurred in by the principal or the designee of the principal.
(c) Unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of, a controlled
substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code,
an alcoholic beverage, or an intoxicant of any kind.
(d) Unlawfully offered, arranged, or negotiated to sell a controlled substance listed in Chapter 2 (commencing
with Section 11053) of Division 10 of the Health and Safety code, an alcoholic beverage, or an intoxicant of
any kind, and either sold, delivered, or otherwise furnished to a person another liquid, substance, or material
and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant.
(e) Committed or attempted to commit robbery or extortion.
(f) Caused or attempted to cause damage to school property or private property.
(g) Stole or attempted to steal school property or private property.
(h) Possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to,
cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel.
However, this section does not prohibit the use or possession by a pupil of the pupil’s own prescription
products.
(i) Committed an obscene act or engaged in habitual profanity or vulgarity.
(j) Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell drug paraphernalia, as defined in
Section 11014.5 of the Health and Safety Code.
(k) (1) Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers,
administrators, school officials, or other school personnel engaged in the performance of their duties.
(2) Except as provided in Section 48910, commencing July 1, 2020, a pupil enrolled in kindergarten or any
grades 1 to 5, inclusive, shall not be suspended for any of the acts enumerated in paragraph (1), and those acts
shall not constitute grounds for a pupil enrolled in kindergarten or any of grades 1 to 12, inclusive, to be
recommended for expulsion.
(3) Except as provided in Section 48910, commencing July 1, 2020, a pupil enrolled in any of grades 6 to 8,
inclusive, shall not be suspended for any of the acts specified in paragraph (1). This paragraph is inoperative
on July 1, 2025.
(l) Knowingly received stolen school property or private property.
(m) Possessed an imitation firearm. As used in this section, “imitation firearm” means a replica of a firearm that
is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to
conclude that the replica is a firearm.
(n) Committed or attempted to commit a sexual assault as defined in Section 261, 266c, 286, 288, or 289 of, or
former Section 288a of, the Penal Code or committed a sexual battery as defined in Section 243.4 of the Penal
Code.
(o) Harassed, threatened, or intimidated a pupil who is a complaining witness or a witness in a school disciplinary
proceeding for the purpose of either preventing that pupil from being a witness or retaliating against that pupil
for being a witness, or both.
(p) Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma.
(q) Engaged in, or attempted to engage in, hazing. For purposes of this subdivision, “hazing” means a method of
initiation or preinitiation into a pupil organization or body, whether or not the organization or body is
officially recognized by an educational institution that is likely to cause serious bodily injury or personal
degradation or disgrace resulting in physical or mental harm to a former, current, or prospective pupil. For
purposes of this subdivision, “hazing” does not include athletic events or school-sanctioned events.
(r) Engaged in an act of bullying. For purposes of this subdivision, the following terms have the following
meanings:
(1) “Bullying” means any severe or pervasive physical or verbal act or conduct, including communications
10made in writing or by means of an electronic act, and including one or more acts committed by a pupil or
group of pupils as defined in Section 48900.2, 48900.3, or 48900.4, directed toward one or more pupils that
has or can be reasonably predicted to have the effect of one or more of the following:
(A) Placing a reasonable pupil or pupils in fear of harm to that pupil’s or those pupils’ person or property.
(B) Causing a reasonable pupil to experience a substantially detrimental effect on the pupil’s physical or
mental health.
(C) Causing a reasonable pupil to experience substantial interference with his or her academic performance.
(D) Causing a reasonable pupil to experience substantial interference with the pupil’s ability to participate in
or benefit from the services, activities, or privileges provided by a school.
(2) (A) “Electronic act” means the creation or transmission originated on or off the schoolsite, by means of an
electronic device, including, but not limited to, a telephone, wireless telephone or other wireless
communication device, computer, or pager, of a communication, including, but not limited to, any of the
following:
(i) A message, text, sound, video, or image
(ii) A post on a social network Internet Web site, including, but not limited to:
(I) Posting to or creating a burn page. “Burn page” means an Internet Web site created for the purpose of
having one or more of the effects listed in paragraph (1).
(II) Creating a credible impersonation of another actual pupil for the purpose of having one or more of the
effects listed in paragraph (1). “Credible impersonation” means to knowingly and without consent
impersonate a pupil for the purpose of bullying the pupil and such that another pupil would reasonably
believe, or has reasonably believed, that the pupil was or is the pupil who was impersonated.
(III) Creating a false profile for the purpose of having one or more of the effects listed in paragraph (1).
“False profile” means a profile of a fictitious pupil or a profile using the likeness or attributes of an actual
pupil other that the pupil who created the false profile.
(iii) (I) An act of cyber sexual bullying.
(II) For purposes of this clause, “cyber sexual bullying” means the dissemination of, or the solicitation or
incitement to disseminate, a photograph or other visual recording by a pupil to another pupil or to school
personnel by means of an electronic act that has or can be reasonably predicted to have one or more of the
effects described in subparagraphs (A) to (D), inclusive, of paragraph (1). A photograph or other visual
recording, as described above, shall include the depiction of a nude, semi-nude, or sexually explicit
photograph or other visual recording of a minor where the minor is identifiable from the photograph, visual
recording, or other electronic act.
(III) For purposes of this clause, “cyber sexual bullying” does not include a depiction, portrayal, or image that
has any serious literary, artistic, educational, political, or scientific value or that involves athletic events or
school-sanctioned activities.
(B) Notwithstanding paragraph (1) and subparagraph (A), an electronic act shall not constitute pervasive
conduct solely on the basis that it has been transmitted on the internet or is currently posted on the internet.
(3) “Reasonable pupil” means a pupil, including, but not limited to, a pupil with exceptional needs, who
exercises average care, skill, and judgement in conduct for a person of that age, or for a person of that age
with the pupil’s exceptional needs.
(s) A pupil shall not be suspended or expelled for any of the acts enumerated in this section, unless that act is
related to school activity or school attendance occurring within a school under the jurisdiction of the
superintendent of the school district or principal or occurring within any other school district. A pupil may be
suspended or expelled for acts that are enumerated in this section and related to school activity or school
attendance that occur at any time including, but not limited to, any of the following:
(1) While on school grounds.
(2) While going to or coming from school.
(3) During the lunch period whether on or off the campus.
(4) During, or while going to or coming from, a school sponsored activity.
(t) A pupil who aids or abets, as defined in Section 31 of the Penal Code, the infliction or attempted infliction of
physical injury to another person may be subject to suspension, but not expulsion, pursuant to this section,
except that a pupil who has been adjudged by a juvenile court to have committed, as an aider and abettor, a
crime of physical violence in which the victim suffered great bodily injury or serious bodily injury shall be
subject to discipline pursuant to subdivision (a).
(u) As used in this section, “school property” includes, but is not limited to, electronic files and databases.
(v) For a pupil subject to discipline under this section, a superintendent of the school district or principal is
encouraged to provide alternatives to suspension or expulsion, using a research-based framework with
strategies that improve behavioral and academic outcomes, that are age appropriate and designed to address
and correct the pupil’s specific misbehavior as specified in Section 48900.5.
(w) (1) It is the intent of the Legislature that alternatives to suspension or expulsion be imposed against a pupil
who is truant, tardy, or otherwise absent from school activities.
(2) It is further the intent of the Legislature that the Multi-Tiered System of Supports, which includes
restorative justice practices, trauma-informed practices, social and emotional learning, and schoolwide
positive behavior interventions and support, may be used to help pupils gain critical social and emotional
skills, receive support to help transform trauma-related responses, understand the impact of their actions, and
11develop meaningful methods for repairing harm to the school community.
EC 48900.2. Sexual Harassment
In addition to the reasons specified in Section 48900, a pupil may be suspended from school or
recommended for expulsion if the superintendent or the principal of the school in which the pupil is
enrolled determines that the pupil has committed sexual harassment as defined in Section 212.5.
For the purposes of this chapter, the conduct described in Section 212.5 must be considered by a
reasonable person of the same gender as the victim to be sufficiently severe or pervasive to have a
negative impact upon the individual's academic performance or to create an intimidating, hostile, or
offensive educational environment. This section shall not apply to pupils enrolled in kindergarten
and grades 1 to 3, inclusive.
EC 48900.3. Hate Violence
In addition to the reasons set forth in Sections 48900 and 48900.2, a pupil in any of grades 4 to 12,
inclusive, may be suspended from school or recommended for expulsion if the superintendent or the
principal of the school in which the pupil is enrolled determines that the pupil has caused, attempted
to cause, threatened to cause, or participated in an act of, hate violence, as defined in subdivision (e)
of Section 233.
EC 48900.4. Harassment, Threats or Intimidation
In addition to the grounds specified in Sections 48900 and 48900.2, a pupil enrolled in any of grades
4 to 12, inclusive, may be suspended from school or recommended for expulsion if the
superintendent or the principal of the school in which the pupil is enrolled determines that the pupil
has intentionally engaged in harassment, threats, or intimidation, directed against school district
personnel or pupils, that is sufficiently severe or pervasive to have the actual and reasonably
expected effect of materially disrupting classwork, creating substantial disorder, and invading the
rights of either school personnel or pupils by creating an intimidating or hostile educational
environment.
EC 48900.5. Limitations on Imposing Suspension
Suspension, including supervised suspension as described in Section 48911.1, shall be imposed only
when other means of correction fail to bring about proper conduct. A school district may document
the other means of correction used and place that documentation in the pupil’s record, which may be
accessed pursuant to Section 49069. However, a pupil, including an individual with exceptional
needs, as defined in Section 56026, may be suspended, subject to Section 1415 of Title 20 of the
United States Code, for any of the reasons enumerated in Section 48900 upon a first offense, if the
principal or superintendent of schools determines that the pupil violated subdivision (a), (b), (c), (d),
or (e) of Section 48900 or that the pupil's presence causes a danger to persons.
EC 48900.7. Terroristic Threats
(a) In addition to the reasons specified in Sections 48900, 48900.2, 48900.3, and 48900.4, a pupil
may be suspended from school or recommended for expulsion if the superintendent or the principal
of the school in which the pupil is enrolled determines that the pupil has made terroristic threats
against school officials or school property, or both.
(b) For the purposes of this section, "terroristic threat" shall include any statement, whether written or
oral, by a person who willfully threatens to commit a crime which will result in death, great bodily
injury to another person, or property damage in excess of one thousand dollars ($1,000), with the
specific intent that the statement is to be taken as a threat, even if there is no intent of actually
carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal,
unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose
and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be
in sustained fear for his or her own safety or for his or her immediate family's safety, or for the
protection of school district property, or the personal property of the person threatened or his or her
immediate family.
EC 48915. Circumstances for Recommending Expulsion
(a) (1) Except as provided in subdivisions (c) and (e), the principal or the superintendent of schools
shall recommend the expulsion of a pupil for any of the following acts committed at school or at a
school activity off school grounds, unless the principal or superintendent determines that expulsion
should not be recommended under the circumstances or that an alternative means of correction would
address the conduct:
(A) Causing serious physical injury to another person, except in self-defense.
(B) Possession of any knife or other dangerous object of no reasonable use to the pupil.
(C) Unlawful possession of any controlled substance listed in Chapter 2 (commencing with Section
11053) of Division 10 of the Health and Safety Code, except for either of the following:
(i) The first offense for the possession of not more than one avoirdupois ounce of marijuana, other
than concentrated cannabis.
12(ii) The possession of over-the-counter medication for use by the pupil for medical purposes or
medication prescribed for the pupil by a physician.
(D) Robbery or extortion.
(E) Assault or battery, as defined in Sections 240 and 242 of the Penal Code, upon any school
employee.
(2) If the principal or the superintendent of schools makes a determination as described in paragraph
(1), he or she is encouraged to do so as quickly as possible to ensure that the pupil does not lose
instructional time.
(b) Upon recommendation by the principal or the superintendent of schools, or by a hearing officer
or administrative panel appointed pursuant to subdivision (d) of Section 48918, the governing board
of a school district may order a pupil expelled upon finding that the pupil committed an act listed in
paragraph (1) of subdivision (a) or in subdivision (a), (b), (c), (d), or (e) of Section 48900. A decision
to expel a pupil for any of those acts shall be based on a finding of one or both of the following:
(1) Other means of correction are not feasible or have repeatedly failed to bring about proper
conduct.
(2) Due to the nature of the act, the presence of the pupil causes a continuing danger to the physical
safety of the pupil or others.
(c) The principal or superintendent of schools shall immediately suspend, pursuant to Section 48911,
and shall recommend expulsion of a pupil that he or she determines has committed any of the
following acts at school or at a school activity off school grounds:
(1) Possessing, selling, or otherwise furnishing a firearm. This subdivision does not apply to an act of
possessing a firearm if the pupil had obtained prior written permission to possess the firearm from a
certificated school employee, which is concurred in by the principal or the designee of the principal.
This subdivision applies to an act of possessing a firearm only if the possession is verified by an
employee of a school district. The act of possessing an imitation firearm, as defined in subdivision
(m) of Section 48900, is not an offense for which suspension or expulsion is mandatory pursuant to
this subdivision and subdivision (d), but it is an offense for which suspension, or expulsion pursuant
to subdivision (e), may be imposed.
(2) Brandishing a knife at another person.
(3) Unlawfully selling a controlled substance listed in Chapter 2 (commencing with Section 11053)
of Division 10 of the Health and Safety Code.
(4) Committing or attempting to commit a sexual assault as defined in subdivision (n) of Section
48900 or committing a sexual battery as defined in subdivision (n) of Section 48900.
(5) Possession of an explosive.
(d) The governing board of a school district shall order a pupil expelled upon finding that the pupil
committed an act listed in subdivision (c), and shall refer that pupil to a program of study that meets
all of the following conditions:
(1) Is appropriately prepared to accommodate pupils who exhibit discipline problems.
(2) Is not provided at a comprehensive middle, junior, or senior high school, or at any elementary
school.
(3) Is not housed at the schoolsite attended by the pupil at the time of suspension.
(e) Upon recommendation by the principal or the superintendent of schools, or by a hearing officer or
administrative panel appointed pursuant to subdivision (d) of Section 48918, the governing board of
a school district may order a pupil expelled upon finding that the pupil, at school or at a school
activity off of school grounds violated subdivision (f), (g), (h), (i), (j), (k), (l), or (m) of Section
48900, or Section 48900.2, 48900.3, or 48900.4, and either of the following:
(1) That other means of correction are not feasible or have repeatedly failed to bring about proper
conduct.
(2) That due to the nature of the violation, the presence of the pupil causes a continuing danger to the
physical safety of the pupil or others.
(f) The governing board of a school district shall refer a pupil who has been expelled pursuant to
subdivision (b) or (e) to a program of study that meets all of the conditions specified in subdivision
(d). Notwithstanding this subdivision, with respect to a pupil expelled pursuant to subdivision (e), if
the county superintendent of schools certifies that an alternative program of study is not available at a
site away from a comprehensive middle, junior, or senior high school, or an elementary school, and
that the only option for placement is at another comprehensive middle, junior, or senior high school,
or another elementary school, the pupil may be referred to a program of study that is provided at a
comprehensive middle, junior, or senior high school, or at an elementary school.
(g) As used in this section, “knife” means any dirk, dagger, or other weapon with a fixed, sharpened
blade fitted primarily for stabbing, a weapon with a blade fitted primarily for stabbing, a weapon
with a blade longer than 31/2 inches, a folding knife with a blade that locks into place, or a razor with
an unguarded blade.
(h) As used in this section, the term “explosive” means “destructive device” as described in Section
921 of Title 18 of the United States Code.
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